1st Edition

A Concise Guide to the Mental Capacity Act Basic Principles in Practice

By Dr Tracey Ryan-Morgan Copyright 2022
    160 Pages 9 B/W Illustrations
    by Routledge

    160 Pages 9 B/W Illustrations
    by Routledge

    This book provides a clear introduction to the Mental Capacity Act (MCA, 2005), offering an easy reference guide to the complex issues enshrined within the Act to inform the everyday practice of those who need to perform within its parameters as part of their day-to-day work.

    Bringing together clinical neuropsychology expertise with legal commentary, the book introduces the main principles and presumptions of the MCA (2005) and describes the processes involved in the comprehensive assessment of what can, in practice, be complex issues. It provides learning summaries, flowcharts, checklists and web references for easy to access resources. The chapters also contain a broad range of illustrative case examples with considerable emphasis given to those areas of complexity that are not addressed in current guidance and which often prove contentious in everyday practice, such as how particular forms of brain injury can lead to hidden difficulties with decision-making which can be challenging to assess and evidence in practice.

    The book is essential reading for trainee nurses, doctors, paramedics, social workers, lawyers, psychologists and health and social care support workers, as well as experienced health and social care professionals such as ward managers and care and nursing home managers who face mental capacity issues in their day to day working role.

    Chapter 1

    Introduction to the Mental Capacity Act (2005)

    Chapter 2

    How do we make decisions and how do we assess decision-making?

    Chapter 3

    What do I need to know about depriving someone of their liberty?

    (With assistance from Karen Jackson, Consultant Solicitor)

    Chapter 4

    What is the "General Defence"?

    Chapter 5

    Complex and challenging issues in MCA from frontal lobe paradox, giving evidence in the Court of Protection to how to deal with an impasse in Best Interests

    Chapter 6

    Common Assessments of Mental Capacity – cases to consider


    Dr Tracey Ryan-Morgan is a HCPC Registered Consultant Clinical Neuropsychologist, an Associate Fellow and Chartered Member of the British Psychological Society, as well as a Chartered Scientist and a Regional Fellow of the Royal Society of Medicine and is listed on the Specialist Register of Clinical Neuropsychologists. Tracey consults across the UK and in Harley Street, London.

    "Understanding how Acquired Brain Injury impacts upon decision making and, therefore, potentially upon Mental Capacity is essential for health and social care staff. This book provides straightforward and structured guidance to aid the process. The use of detailed and multi-layered case studies helps the reader remain grounded in the real world, with all of its complexities and nuances." – Dr Mark Holloway, Senior Brain Injury Case Manager & Expert Witness

    "This book is an essential read for anybody working with people who lack mental capacity and for those professionals tasked with assessing mental capacity. Filled with excellent examples and references to relevant case law, Dr Ryan-Morgan's excellent book covers the basics of the Mental Capacity Act and capacity assessments through to the most complex of issues such as the frontal lobe paradox." – Dr Peter Marshall, Consultant Neuropsychiatrist